The New Zealand judge hearing America’s Great Collapsing Extradition Case against Kim Dotcom has removed himself from the case, after telling a New Zealand forum “we have met the enemy, and he is the US”.
The remark by Judge David Harvey – made to the NetHui conference while discussing the unpopular (except among international …

Re: well

Re: well

"Which is why he must step down. Can't have judges who know stuff about what they are judging, they might influence the outcome of the trial all 'wrong'."

Can't have a judge that thinks the US' case is total crap before the case starts. They're only allowed to think that the case is total crap by the end of the case.

What they need to do is give Kim back his money and then let the US go through the court system. They might actually try to put up a real case or drop the matter instead of trying to break Kim financially by wasting time in court.

The fact that one judge called the US the enemy and quit doesn't bode well for the US' case

Sadly

Re: Sadly

That's why it was a megablunder to reveal his private view in public at the NetHui. If he'd kept quiet, it would have left him free to judge the Mr DotCom case as he saw fit. There's a reason most judges keep their mouths shut outside court.

Re: Sadly

"The next judge may be more pliable!"

I don't think so. When you have one judge publically call the US the enemy and quit, the next can't hardly refer to "Our American Friends" without a massive public backlash. It's too public a case to keep quiet and any judge that approved the extradition or even agrees with the us will face massive scrutiny. The US has done too much in the way of dirty tatics to win. Their only hope is to break him before they lose.

Amerifags told!

There will probably soon be charming ladies from [unnamed country] making allegations of sexual misconduct and molestation. Ruff noises will emerge from beltway offices and extradition hearings will begin.

Um they are not even sure if this is going to make it to trial in the US. I really like to know why is it the NZ government doing all the heavy lifting. From what I've read this extradition would of been squashed any were in Europe. I get the feeling this is not about bowing down to America but he pissed some off over there in NZ.

The case is a week one?

*sigh*

...That will be prohibited – point one. Point two – if you do, you will be a criminal. That’s what will happen.”

So he has two points -- and they're the same point. I actually agree with what this judge is trying to say, but the way he says it makes our position sound stupid. He sounds like he doesn't understand the basics of logic, let alone law.

Region encoding props up the antiquated cinema industry at the expense of the consumers for whom the content is ostensibly produced. Strict enforcement makes criminals of many people who often just want to watch content that the producers don't bother encoding for their particular region.

Judge Harvey was clear

At present, circumvention of the DVD Forum's CSS region coding is only prohibited in the US. And the issue of whether CSS circumvention is a criminal act -- again, only in the US -- is still up in the air (compare the details of the MPAA, DVD-CCA, and Bernstein DeCSS court rulings, for instance).

Judge Harvey's point was that if the TPP treaty negotiations go the way the US wants, circumvention of CSS region-coding will (a) become prohibited in NZ (where it is currently legal) and (b) that circumvention will be defined as a criminal (not civil) violation in all TPP countries (including the US, thus clearing up that question by legislative rather than judicial means).

Re: *sigh*

>So he has two points -- and they're the same point. I actually agree with what this judge is trying to say, but the way he says it makes our position sound stupid. He sounds like he doesn't understand the basics of logic, let alone law.

Steve he is actually stating two separate points but yes they are kind of similar. The first is that their may be a law/guideline/regulation forbidding you from doing something. But his second point is that if you ignore (or are ignorant of) this thing then it is a 'Crime' and you may be punished as such.

Some things you can do like parking too long where you are not supposed to are prohibited and you may get a fine for such an action but it is not a 'crime'. You do not risk getting a criminal record and all the restrictions this will cause if you commit such a parking offense. So basically some things are very serious and can be criminalized while other actions are not as the law is not designed to make 90% of your population criminals for doing small things which while annoying don't cause large harm.

So his second point is that the proposed law would make this action a criminal offense which is a lot worse than just trying to restrict this action.

To highlight the point you do not make a law to prohibit people from stabbing their annoying neighbor in the leg with a screwdriver. You make it a criminal offense and throw the book at them when they do it. Like wise you might prohibit people from viewing DVD's they shouldn't also pass laws that turns all these people into criminals that have to bunk next to crazy guys with screwdrivers for a few months.

Well, I for one am relieved to learn that Judge Harvey has recused himself -

after all, judges are allowed - indeed, encouraged - to be members of societies dedicated to promoting the interests of so-called «rights holders» (MPAA, RIAA, and organisations of that ilk) and judge in cases directly affecting these interests, as is the custom here in Sweden (cf the infamous «Pirate Bay» trials), but to publicly express opinions which do not promote these interests is a No No. Order has at last been restored ; «God/the US goverment/MPAA/RIAA/'s in his Heaven/All's right with the world»....

Re: Am I the only one bothered

Re: Am I the only one bothered

Well, I was going by him being an english speaker - wasn't thinking to apply towards all languages. Countries are typically "she" - just like ships. I've never heard fatherland or motherland used outside of literature. Though, I feel I've only seen fatherland used when translating from other languages, like German.